End User License Agreement

1. This Agreement

This End User License Agreement (the "Agreement") is a binding contract between you and CRE Productions (COMMERCIAL REALESTATE PRODUCTIONS LLC) ("CRE Productions", "we", "us", or "our"). It governs your access to and use of the CRE Productions web application at https://cre-productions.vercel.app and every portal within it (the "Application").

By signing in, requesting access, or otherwise using the Application, you accept this Agreement. If you do not accept it, do not sign in and do not use the Application.

If you use the Application on behalf of a company or other organization — for example as an employee of a brokerage that has engaged CRE Productions — you represent that you have authority to bind that organization, and "you" means both you and that organization.

2. Eligibility and access

The Application is a business tool. It is not offered to consumers, and it is not directed to anyone under 18. You must be at least 18 years old to use it.

Access is granted by CRE Productions and is scoped to what your engagement with us requires. You may use only the access we have provisioned for you, and only for that engagement. You have no right of access to any other part of the Application.

We may create, modify, suspend, or remove accounts, access, and permissions at any time as our engagement with you requires.

3. Licence grant

Subject to your compliance with this Agreement, CRE Productions grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Application through a supported web browser, solely for your internal business purposes in connection with production work we perform for or with you.

This is a licence to use a hosted service. No copy of the Application is sold or delivered to you, and no rights are granted except those stated here.

4. Account security

You are responsible for everything that happens under your account.

• Treat every credential we issue you as confidential — including anything we send to your email address for the purpose of signing in. Anyone who obtains it can act as you.
• Do not share your account or your credentials with anyone. If a colleague needs access, ask us to provision it for them.
• Keep the email address on your account current and under your sole control. Control of that inbox is control of your account.
• Notify us at sam@cre-productions.com promptly if you believe your account or your credentials have been compromised.

Authorized personnel may, for support and troubleshooting purposes, view the Application as you. That activity is recorded internally.

5. Acceptable use

You will not, and will not permit anyone else to:

• access any account, project, deliverable, or data you have not been granted access to, or attempt to defeat access controls of any kind;
• probe, scan, or test the vulnerability of the Application or the systems it runs on, or breach or circumvent any security or authentication measure;
• copy, modify, translate, reverse engineer, decompile, or disassemble the Application, or attempt to derive its source code, except to the extent that restriction is unenforceable under applicable law;
• scrape, crawl, bulk-download, or systematically extract data from the Application by automated means, or use it to build a competing product or service;
• resell, sublicense, rent, lease, or otherwise make the Application available to any third party;
• upload or transmit any material that is unlawful, infringing, defamatory, or that contains malware or other harmful code;
• upload personal information you are not entitled to share with us, or any special-category data (such as health, biometric, or financial account data) that our work does not require;
• interfere with or disrupt the Application, impose an unreasonable load on it, or interfere with any other user's use of it; or
• remove, obscure, or alter any proprietary notice, watermark, or attribution.

6. Your content and our deliverables

"Your Content" means the material you submit to the Application — property details and addresses, shot lists and briefs, contacts, comments, change requests, uploads, and similar material. You retain all rights in Your Content.

You grant CRE Productions a worldwide, royalty-free licence to host, store, reproduce, adapt, and transmit Your Content for the purpose of operating the Application and performing the production work you have engaged us for. You represent that you have the rights necessary to grant that licence, including any consents required for the properties, people, and materials involved.

"Deliverables" means the photographs, video, edited content, and social media material we produce. Ownership of and licence to Deliverables are governed by the separate production, services, or master agreement between you and us — not by this Agreement. Where no such agreement addresses the question, we retain copyright in the Deliverables and you receive a licence to use them for the marketing and disposition of the subject property.

The Application shows previews and links for convenience. It is not an archive or a backup service. Download and retain your own copies of anything you need to keep; we may remove files, previews, and links after a project closes.

Approvals, sign-offs, change requests, and comments recorded in the Application are contractually meaningful. Approving work in the Application signifies your acceptance of that work and may trigger invoicing.

7. Third-party services

The Application integrates with services operated by third parties, including Dropbox, Vimeo, Google Drive, Slack, QuickBooks Online, and our email provider. Files, links, and previews you access through the Application may be hosted by those services and are subject to their own terms and privacy practices.

We do not control those services, and we are not responsible for their availability, security, or content. Where you connect one of your own accounts (for example a Slack workspace or a QuickBooks company), you authorize us to access it within the scope you grant, and you may revoke that access at any time.

8. Fees, invoicing, and payment

The Application itself is provided at no separate charge to clients and contractors as part of our engagement. Fees for production work, packages, add-ons, and retainers are set out in your order, proposal, or services agreement.

Quotes, pricing, cost estimates, and financial figures displayed in the Application are provided for convenience and may be estimates. Your invoice is the authoritative statement of what is owed. Contractor earnings shown in the Application are likewise indicative until paid.

9. Confidentiality

The Application exposes non-public commercial information: property details before listing, pricing, schedules, contractor rates, and financial figures. Treat everything you access that is not your own as confidential. Use it only for the purpose it was shared with you, disclose it only to people within your organization who need it and are bound to equivalent obligations, and protect it with at least reasonable care.

These obligations do not apply to information that is or becomes public through no fault of yours, that you already held without a duty of confidence, or that you are legally compelled to disclose — in which case, tell us first if you are permitted to.

10. Availability, support, and changes

We aim to keep the Application available and working, but we do not commit to any particular uptime, response time, or support level unless we have agreed to one in writing. We may perform maintenance, deploy changes, add or remove features, or take the Application offline at any time.

We may modify this Agreement. If we make a material change we will update the effective date above and, where we reasonably can, give notice in the Application or by email. Continuing to use the Application after a change takes effect means you accept the revised Agreement.

11. Term and termination

This Agreement applies for as long as you have access to the Application. You may stop using it at any time and ask us to close your account.

We may suspend or terminate your access immediately if you breach this Agreement, if your engagement or employment with us ends, if we are required to by law, or if we reasonably believe your continued access presents a security or legal risk.

Sections 6 (as to rights already granted), 9, 12, 13, 14, 15, and 16 survive termination. We retain project records after termination as described in the Privacy Policy and as our legal, tax, and business obligations require.

12. Disclaimers

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT DATA WILL NOT BE LOST. NOTHING IN THIS SECTION LIMITS ANY WARRANTY GIVEN IN A SEPARATE SERVICES AGREEMENT AS TO THE PRODUCTION WORK ITSELF.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, OR LOST OR CORRUPTED DATA, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE APPLICATION WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID CRE PRODUCTIONS IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limits apply regardless of the theory of liability and even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain exclusions or limitations, so parts of this section may not apply to you.

14. Indemnification

You will defend, indemnify, and hold harmless CRE Productions (COMMERCIAL REALESTATE PRODUCTIONS LLC) and its officers, employees, and contractors from any third-party claim, and any resulting loss, liability, damage, cost, or expense (including reasonable legal fees), arising out of your use of the Application, Your Content, your breach of this Agreement, or your violation of any law or third-party right.

15. Governing law and disputes

This Agreement is governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The state and federal courts located in Duval, FL have exclusive jurisdiction over any dispute arising out of or relating to this Agreement, and each party consents to that jurisdiction and venue. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Before filing suit, please contact us and give us thirty days to resolve the matter informally.

16. General

• Entire agreement. This Agreement, together with the Privacy Policy and any services, production, or master agreement between us, is the entire agreement about the Application. Where a signed services agreement conflicts with this Agreement, that agreement controls as to its subject matter.
• Assignment. You may not assign this Agreement without our written consent. We may assign it in connection with a merger, acquisition, or sale of assets.
• Severability. If a provision is held unenforceable, it is modified to the minimum extent necessary and the rest remains in force.
• No waiver. A failure to enforce a provision is not a waiver of it.
• Independent contractors. Nothing here creates a partnership, joint venture, agency, or employment relationship.
• Force majeure. Neither party is liable for a delay or failure caused by events beyond its reasonable control.

17. Contact

Questions about this Agreement can go to sam@cre-productions.com, addressed to CRE Productions (COMMERCIAL REALESTATE PRODUCTIONS LLC).